It is common for people to make errors when attempting to probate their loved one’s estate. A People’s Choice recommends having a professional legal document preparer draft all probate documents to make sure the paperwork is accurate and properly completed. Below is an overview of the common errors in California probate that can easily be avoided with proper professional help. Read on to learn more.
Avoiding Common Errors in California Probate
Common errors in California probate can easily be avoided. Some of the most common errors in California probate include:
- Delays in probating an estate. California law requires a will to be probated within 30 days of the decedent’s death. Some people provide the probate court their original will and keep a copy. Check to see if your loved one’s will was filed with the court. If so, you must file a Petition for Probate to start the legal proceedings. Do not delay in probating the will. Penalties may be assessed for delays.
- Missing fields in the Probate Petition. One of the most common errors in California probate is failing to correctly complete the probate petition. Carefully review your probate petition before filing it with the court. Answer every section and review your work. A People’s Choice has drafted thousands of probate petitions and can help you properly complete a Petitiin for probate and file it with the court. We are often contacted by frustrated people who have filled out the forms incorrectly, causing their probate hearing to be continued. Call us the first time around to prevent delays in probating your loved one’s estate.
- Failure to adequately warn creditors. Another common error in California probate is failing to properly notify creditors. All creditors must be notified of the decedent’s death and probate proceedings. Creditors must be put on notice in a timely fashion. Notify creditors of the probate as soon as possible. Notice should be sent to all known creditors. Examine the contents of the decedent’s estate if you are unsure of its creditors. Contact A People’s Choice for help in notifying creditors. Failing to properly handle creditor’s claims in a California probate will certainly delay completing the probate process.
- Failure to adequately notify beneficiaries. There are many notice requirements in a California probate. In addition to notifying creditors, the personal representative of an estate must notify all beneficiaries and/or heirs and other interested parties. All beneficiaries and interested parties should be put on notice as soon as possible. Do not delay in complying with the required probate notifications. Beneficiaries and creditors must be provided time to object to any disbursements of the decedent’s estate.
- Failure to complete the final probate petition. Once the decedent’s estate has been administered, the appointed representative must petition to close the estate by filing the final probate petition. Follow and complete all statutory notice requirements in filing the final petition.
Fixing Probate Errors
If you have tried to file probate on your own and find yourself needing to fix your probate errors, don’t despair. A People’s Choice has quite a bit of experience fixing probate errors and getting California probate cases back on the right track. Be aware, however, that some judges give people very little time to correct improperly completed probate paperwork. Therefore, it is important that you get professional help as soon as possible so that the case does not get dismissed.
Contact A People’s Choice for more information on how to avoid common errors in California probate. If you are unfamiliar with California probate procedures, contact us for help in completing the necessary probate documents. You do not need to hire an attorney to file for probate. As an experienced probate legal document assistant, we can help you throughout the entire California probate process and save the estate thousands of dollars. Contact us today at 800-747-2780.
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